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How to Prevent Cyber Crime in India?


Authors: Snigdha Shandilya and Pritish Kumar Pattnaik

Designation: 5th year, KIIT School of Law, Bhubaneswar

Contact : +91-79784*****; 94393*****

Email ID: snigdha1295@gmail.com ; pk.pattnaik2@gmail.com


Introduction

The Information and technology act defines cybercrime under it. In today’s technology driven world, it has led to the birth of crimes under cyberspace, also known as cybercrimes. Our law has come up with various ways to handle this crimes. People also needs to be careful and cautious while sharing their personal information online. One can also avoid these crimes by setting up strong passwords and using the social networking sites into private mode.


The rise of technological era brings up new tricks every day through which offences and scams have been committed on cyberspace. The IT act, 2000 lists many types of crime under it and has also taken the initiative of setting up cybercrime cells in different cities of India. The advancement of technology has contributed in crimes like kidnapping, fraud, and hacking and data theft. Although Internet has made life’s way more easily but has been taken wrong advantages by terrorist to commit white collar crimes. A man is dependent on the technology for even its basic minimal needs which covers his day to day activities varying from online shopping, ordering food, online gaming, making payments and etc.


Cyber Crime and Cyber laws in India

The cybercrime has been defined under the IT act as unlawful act committed with the use of computer as a tool or for targeting it. It is taking place of an unauthorized access of computer system without the knowledge or permission of the actual owner. The most common and trending cybercrimes taking place widely are phishing, spoofing, DoS (Denial of Service) attack, credit card fraud, online transaction fraud, cyber defamation, child pornography, etc.


The main objective of IT act is to enable a safe environment and make sure about the effective use of Internet. Apart from these, it also deals with e-governance, e-commerce, and e-banking. The cyber law also leads down punishment for cybercrime. Some of these crimes have also been amended under IPC which includes fraud, forgery, theft, etc. committed over the internet or through an electronic medium. The punishment for such depends on the type and gravity of the crime committed along with the damage caused due to it.


Causes of Cyber Crime in India

Cybercrime are the easiest way to make large amount of money in seconds by targeting resourceful people or organizations like banks or financial firms. By hacking sensitive information of such places one can easily transact huge amount of money. Besides, catching tracing such criminals remain much difficult due to vulnerability of computers.


Some strong reasons for commitment of these crimes are as follows-


The computer system are easy to access due to the complex technology which can take place by hacking the codes or retina images. The biometric system are easy to fool for bypassing such firewalls and getting into security system. The computer also can store all the important data at one place which makes it much easier to extract for one’s own profit. The other big reason is running of these systems on millions of programmed coordinated by humans. Human mind can’t be accurate always and a small loophole or mistake caused by them can be advantageous. The data can also be destroyed easily to erase in form of evidence which creates problem in further investigation.


How to Prevent Cyber Crime?


The cyber law agencies should work efficiently by abiding the law enforcement agencies and IT security organizations. These industries should come together to develop new skills and opportunities. People should always take precautions by using strong combination of passwords for every other account and try to keep their information and pictures private on social media account by ensuring the security settings. One should always be mindful while sharing any information online and be aware of malicious software in mobile devices. Always download the information from trusted sources and keep the operating system up to date which applies patches and software fixes. Your PC should always be laced with anti-virus software and screen lock for additional protection in case you misplace the device. It also acts in defense by blocking the bad traffic from reaching your PC.


How to report Cyber Crime in India?

For reporting a cybercrime in India, one needs to lodge complaint under cyber cell in the respective place of police station where the crime has been occurred. You can also register the report online or offline at cyber cell or police station. You can choose to personally visit the police station of such state or can E mail them. The mail will be forwarded to cyber cell by the police station. There also exhibits some documentation information for filing of the complaint which should include-

The server log and hard as well as soft copy of defaced web page in the case of hacking. You must also provide the details for access control mechanism and its kind. The attachment must also include the name of suspects if any. In the case of Email abuse, such offending mail must be extracted along with the above mentioned documents. The copy of offending mail must be saved into a hard drive and not be deleted from the email box.


Types of Cyber Crimes

There are different types of cybercrime having different penal laws in India

If someone’s personal information got stolen with the purpose of using it in financial purpose like applying for loans and credit card facility. Such kind of crime comes under Identity Theft.

It happens when there is a threat of extortion or harm towards a person, state or organization, Such crimes is known as Cyber Terrorism. Commonly, it is an attacking strategy which are well panned towards the government and computer system.

If a person of below the age of teenage commits harassment, defamation or insults someone with the help of Internet, messaging, chatting platform or any other social media platform then such act would be amounting to cyberbullying, whereas such act committed by an adult shall be convicted under cyberstalking.


If there is any common cybercrime exists here, then it is called Hacking. If a person could able to access others computer and password without any prior consent and sing it for wrongful gain. Such crime will amount to Hacking.


While on a regular basis, we all have the rights on sharing information and opinions on digital platform, but some statements may cause harm to the reputation of any person or organization, then such act will amount to defamation.


We all come across with different piece of materials and resources available on Internet. When such data’s are published on a specific platform and copying/duplicating someone’s work without prior permission or any acknowledgement amounts to Copyright, which is a punishable offense.


The objective of the Information Technology Act in India is as follows:

It enables legal identification for all kinds of online transactions

It provides legal acknowledgement to e-signatures as a genuine signature for the acceptance of e-agreements

It enables legal platform of maintaining accounting data in electronic form by banking personnel as well as other organizations

Protection of online privacy and stopping cyber crimes


The Indian IT law updated the Reserve Bank of India Act and the Indian Evidence Act. With the evolution of cyberlaw, almost all online activities came under scrutiny. However, one thing about cyber law is that there are certain areas on which cybercrime laws in India do not apply such as:

  • Negotiable Instrument being other than cheque

  • Power of Attorney

  • Will

  • The contract for Sale or Conveyance of Immovable Property

  • Central Government notified documents or transactions

Conclusion

Apart from all the cybercrimes prevailing in India, there are new frauds through online through making phone calls on behalf of a reputed company and stealing all your personal details like card details, UPI and OTP codes. Meanwhile some are of making false claim like forwarding mail upon winning a lottery in crores, people who are desperately looking for earning money at home. Such things are not only a dangerous but also creating a negative implications on digitization policies of the government. Therefore, it is important to recognize the frauds happening in the digital platform. Although, there are penal provisions which governs such crimes as mentioned in Section 66 of the Information Technology Act, 2000 which recognizes all the computer related offenses as well as the penalties.



REFERENCES

  1. Dubbudu, R. (2016, September 2). Most number of cybercrimes reported in Maharashtra & Uttar Pradesh. Factly. Retrieved 10 Aug 2020, from https://factly.in/cyber-crimes-in-india-which-state-tops-the-chart/

  2. Balakrishnan, A. (n.d.). Cyberstalking: Challenges in regulating cyberstalking at the cyberspace. Legal Service India. Retrieved 20 Aug 2020, from http://legalserviceindia.com/legal/article-214-cyber-stalking-challenges-in-regulating-cyberstalking-at-the-cyber-space.html

  3. Center for Advanced Research in Digital Forensics & Cyber Security. (n.d.). Cybercrime prevention against women and children (CCPWC). ardcindia.org. Retrieved 14 Aug 2020, from https://www.ardcindia.org/ccpwc/

  4. Forensic & Integrity Services. (2017). Responding to cybercrime incidents in India. Retrieved 23 Aug 2020, https://www.ey.com/Publication/vwLUAssets/ey-responding-to-cybercrime-incidents-in-India-new/$FILE/ey-responding-to-cybercrime-incidents-in-india.pdf

  5. Indian Institute of Banking & Finance (IIBF). (2017). Cyber laws in India. iibf.org.in. Retrieved 17 Aug 2020, from http://iibf.org.in/documents/Cyber-Laws-chapter-in-Legal-Aspects-Book.pdf

  6. Ministry of Electronics & Information Technology. (2009). the Information Technology (Amendment) Act, 2008. New Delhi: Ministry of Law, Justice. Retrieved 15 Aug 2020, from http://meity.gov.in/writereaddata/files/it_amendment_act2008%20%281%29_0.pdf




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